Judgment :

P. Sathasivam, J.

1) Leave granted.

2) This appeal is directed against the final order dated 19.09.2011 passed by the High Court of Judicature at Bombay in Criminal Application No. 786 of 2011 whereby the High Court dismissed the application for anticipatory bail filed by the appellant herein.

3) Brief facts:

(a) The appellant is the Founder President and Managing Trustee of Sinhgad Technical Education Society, Pune (in short ‘the Society’). The Society is engaged in imparting formal and informal education by establishing various schools, colleges and institutions in the State of Maharashtra. Respondent No.1 is the State and Chainsukh Sobhachand Gandhi- Respondent No.2 herein is the original Complainant and is a Trustee of Pawan Gandhi Charity Trust (in short ‘the Trust’) working for the upliftment of economically and socially impoverished sections of the society.

(b) Respondent No. 2 was running a school on land bearing Survey No.154/6/1 admeasuring 57 acres situated at Ambavet, Tal. Mulshi, Dist. Pune, on which a building in the area of 650 sq. mts. was constructed. In the year 2008, it was decided to run the School with the help of other educational institutions by